- The United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997
© Crown Copyright 1997
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STATUTORY INSTRUMENTS
1997 No. 283
| Made | 12th February 1997 | ||
| Laid before Parliament | 13th February 1997 | ||
| Coming into force | 12th March 1997 |
| 1. | Citation, commencement and extent. |
| 2. | Interpretation. |
| 3. | Purpose of this Order. |
| 4. | Endorsement of warrants of arrest. |
| 5. | Provisional warrants of arrest. |
| 6. | Proceedings before Magistrate's Court after arrest. |
| 7. | Appeal to the Royal Court. |
| 8. | Securing attendance of person as witness or to assist in investigations. |
| 9. | Transfer of prisoner to give evidence or to assist in investigations. |
| 10. | Review of orders of Magistrate's Court. |
| 11. | Remand and bail. |
| 12. | Discharge of persons not delivered up. |
| 13. | Discontinuance of relevant proceedings. |
| 14. | Transmission of information and records. |
| 15. | Search, etc. for material relevant to International Tribunal investigation. |
| 16. | Evidence for International Tribunal use. |
| 17. | Service of process. |
| 18. | Enforcement of orders for the preservation or restitution of property. |
| 19. | Proceedings to determine the ownership of property. |
| 20. | Immunities and privileges. |
| 21. | Warrants of arrest. |
| 22. | Proceedings before a Magistrate's Court under article 6, 8 or 9. |
| 23. | Legal custody. |
| 24. | Custodial sentences under Jersey law. |
| 25. | Evidence. |
| SCHEDULE - | Local evidence for International Tribunal use: Proceedings before the Royal Court |
Whereas under Article 41 of the Charter of the United Nations the Security Council of the United Nations has, by certain resolutions adopted on 25th May 1993 and 8th November 1994, called upon Her Majesty's Government in the United Kingdom and all other States to apply certain measures to give effect to decisions of that Council in relation to the former Yugoslavia and Rwanda:
Now, therefore, Her Majesty, in exercise of the powers conferred on Her by section 1 of the United Nations Act 1946[1], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -
Citation, commencement and extent
1 . - (1) This Order may be cited as the United Nations (International Tribunals) (Former Yugoslavia and Rwanda) (Jersey) Order 1997 and shall come into force on 12th March 1997.
(2) This Order extends to Jersey.
Interpretation
2 . - (1) In this Order, unless the context otherwise requires -
-
"the Chief Officer of Police" means the Chief Officer within the meaning of Article 1 of the Police Force (Jersey) Law, 1974, as amended;
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"the Court of Appeal" means the court established by Article 1 of the Court of Appeal (Jersey) Law, 1961, as amended;
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"delivery order" means -
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(a) an order for delivery up made under article 6 or under that article as applied by article 5, including one made following an application under article 7,
(b) an order for delivery up made under article 8(4) or article 9(5);
-
"the International Tribunals" means -
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(a) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 established by Resolution 827 (1993) of the Security Council of the United Nations including any of the organs of that Tribunal referred to in Article 11 of the Statute;
(b) the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in the territory of neighbouring states, between 1st January 1994 and 31st December 1994, established by Resolution 995 (1994) of the Security Council of the United Nations including any of the organs of that Tribunal referred to in Article 10 of the Statute;
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"International Tribunal crime" means a crime in respect of which the International Tribunal specified in sub-paragraph (a) or, as the case may require, (b) of the definition of "the International Tribunals" above has jurisdiction under the Statute;
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"Jersey" means the Island of Jersey and its dependencies;
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"the Magistrate's Court" means the Court established by Article 1 of the Loi(1853) établissant la Cour pour la répression des moindres délits, as amended;
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"national court" means a court in Jersey;
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"police officer" has the meaning assigned thereto in Article 1 of the Police Force (Jersey) Law, 1974, as amended;
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"prisoner" means a person serving a sentence in a prison or other institution to which the Prison (Jersey) Law, 1957, as amended, applies;
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"the Prosecutor" means the Prosecutor responsible under the Statute for the investigation and prosecution of persons in accordance with the Statute and the Rules;
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"the Registrar" means the Registrar appointed under the Statute by the Secretary-General of the United Nations;
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"the Rules" means the rules of procedure and evidence of the Tribunal specified in sub-paragraph (a) or, as the case may require, (b) of the definition of "the International Tribunals"above;
-
"the Statute" means -
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(a) in relation to the International Tribunal specified in sub-paragraph (a) of the definition of "the International Tribunals" above, the Statute of that Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to the United Nations (International Tribunal) (Former Yugoslavia) Order 1996[2];
(b) in relation to the International Tribunal specified in sub-paragraph (b) of that definition, the Statute of that Tribunal adopted by the Security Council of the United Nations, the text of which is set out in the Schedule to the United Nations (International Tribunal) (Rwanda) Order 1996[3];
-
"transfer warrant" means a warrant issued under article 9(2);
and references to the Bailiff, the Attorney General and the Judicial Greffier shall be construed, in relation to the discharge of the functions of those offices, in accordance with the Departments of the Judiciary and the Legislature (Jersey) Law, 1965, as amended.
(2) Any reference in this Order to an Act of Parliament or to a provision of an Act of Parliament is a reference to that Act or provision as it has effect in Jersey.
(3) A reference in this Order to arrangements by the Secretary of State with the Registrar or with another state is a reference to arrangements of a general nature or to arrangements relating to a particular case or group of cases.
(4) In this Order, unless the context otherwise requires, any reference to a numbered article is a reference to the article which bears that number in this Order, and any reference to a numbered paragraph in an article of this Order is a reference to the paragraph bearing that number in that article.
Purpose of this Order
3
.
- (1) This Order has effect for the purpose of enabling Jersey to co-operate with the International Tribunals in the investigation and prosecution of persons accused of committing International Tribunal crimes and the punishment of persons convicted of such crimes.
(2) In particular, but without prejudice to the generality of paragraph (1), this Order has effect -
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(a) to provide for the arrest and delivery to the International Tribunal concerned of persons accused or convicted of an International Tribunal crime and for the arrest in cases of urgency of persons suspected of having committed an International Tribunal crime,
(b) to secure the attendance before the International Tribunals of persons as witnesses or to assist in investigations,
(c) to give effect to requests by the International Tribunals for the discontinuance of certain proceedings in courts constituted under the law of Jersey,
(d) to provide the International Tribunals with other forms of assistance in the investigation and prosecution of International Tribunal crimes,
(e) to enforce orders of the International Tribunals for the preservation or restitution of property and to give effect to requests to determine the ownership of property,
(f) to make provision for the immunities and privileges of the International Tribunals and persons connected therewith.
(3) Nothing in this Order shall be construed as preventing the provision of assistance to the International Tribunals otherwise than under this Order.
Endorsement of warrants of arrest
4 . - (1) Where the Secretary of State receives from either of the International Tribunals a warrant of arrest issued by that International Tribunal in respect of a person who is believed to be in or on his way to Jersey (including such a warrant issued or received before the commencement of this Order), the Secretary of State shall transmit the warrant to the Bailiff who shall, subject to paragraph (2), endorse the warrant for execution in Jersey.
(2) A warrant for the arrest of a person convicted by one of the International Tribunals shall not be endorsed under this article unless the purpose of the arrest is to enable him -
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(a) to be brought before that International Tribunal, or
(b) to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal.
Provisional warrants of arrest
5
.
- (1) Where the Secretary of State -
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(a) receives a request from either of the International Tribunals for the arrest of a person who is believed to be in or on his way to Jersey and who is suspected or accused of having committed an International Tribunal crime or who has been convicted by that International Tribunal, and
(b) the request is not accompanied by a warrant but is made on the grounds of urgency,
the Secretary of State shall transmit the request to the Attorney General who shall apply for a warrant for the arrest of that person.
(2) On an application by the Attorney General stating that he has reason to believe -
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(a) that a request has been made on grounds of urgency by one of the International Tribunals for the arrest of a person who is suspected or accused of having committed an International Tribunal crime or who has been convicted by that International Tribunal,
(b) that the person concerned is in or on his way to Jersey, and
(c) that the purpose of the arrest is to enable the person concerned to be brought before that International Tribunal or, as the case may be, to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal,
the Bailiff may issue a warrant ("a provisional warrant") for the arrest of that person, and shall if he issues such a warrant notify the Secretary of State that he has done so.
(3) A person arrested under a provisional warrant shall be brought before the Magistrate's Court as soon as is practicable, and -
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(a) if an endorsed warrant in respect of that person is produced to the court, the court shall proceed as if he had been arrested under that warrant, and article 6 shall apply accordingly,
(b) if no such warrant is produced, the court may, pending the production of the warrant, remand him for not more than 18 days at a time, so however that the total period of remands does not exceed 40 days in all.
(4) If at any time an endorsed warrant relating to a person remanded under this article is produced to the court which remanded him, the court shall determine the period of remand and the person shall thereafter be treated as if arrested at that time under the endorsed warrant.
(5) If an endorsed warrant relating to a person remanded under this article is not produced within the period of the remand (including any extension of that period) to the court which remanded him, he shall be discharged by the court.
(6) In this article and in article 6 "endorsed warrant" means a warrant of arrest issued by the International Tribunal which made the request referred to in paragraph (1), endorsed in accordance with article 4.
Proceedings before Magistrate's Court after arrest
6
.
- (1) So soon as is practicable after a person is arrested under an endorsed warrant, he shall be brought before the Magistrate's Court; and the court shall, subject to the following provisions of this article, make the appropriate order and remand him until it is executed.
(2) Where the purpose of the arrest is to enable the person to be brought before the International Tribunal which issued the warrant, the appropriate order is that the person be delivered up into the custody of that International Tribunal in accordance with arrangements made by the Secretary of State with the Registrar.
(3) Where the purpose of the arrest is to enable the person to be taken to a place where he is to undergo imprisonment under a sentence of that International Tribunal, the appropriate order is that the person be delivered up into the custody of the state where that place is situated in accordance with arrangements made by the Secretary of State with that state.
(4) If it is shown to the satisfaction of the Magistrate's Court that other criminal proceedings (not being proceedings under the Extradition Act 1989[4] or the Backing of Warrants (Republic of Ireland) Act 1965[5]) have been instituted in respect of the arrested person in a national court and that those proceedings -
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(a) have not been finally determined so far as they relate to conduct which would not constitute an International Tribunal crime, or
(b) have not been discontinued (whether in pursuance of this Order or otherwise) so far as they relate to conduct which would constitute an International Tribunal crime,
the proceedings under this article shall be adjourned and the Magistrate's Court may remand the arrested person until the other criminal proceedings have been finally determined or have been discontinued, as the case may be.
(5) An order shall not be made under paragraph (1) if it is shown to the satisfaction of the Magistrate's Court -
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(a) that the document purporting to be a warrant issued by the International Tribunal concerned is not such a warrant or that it has not been endorsed in accordance with article 4, or
(b) that the person brought before the court is not the person named or described in the warrant, or
(c) where the person has not been convicted by the International Tribunal concerned of the offence specified in the warrant or any accompanying document, that the offence is not an International Tribunal crime, or
(d) notwithstanding that the offence is an International Tribunal crime, that the person would if he were charged with it in Jersey be entitled to be discharged under any rule of law relating to previous acquittal or conviction.
(6) If the Magistrate's Court refuses to make an order under paragraph (1), it shall make an order remanding the person arrested until the Secretary of State has been notified of its decision and of the grounds thereof; and -
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(a) if the Secretary of State on being so notified immediately informs the court that he intends to question the decision on the ground that it is wrong in law, the order remanding the person arrested shall continue to have effect, except as otherwise provided by this Order, so long as the case is pending,
(b) if the court is not so informed, the person arrested shall be discharged.
(7) Nothing in this Order shall be construed as requiring the Magistrate's Court to be satisfied that there is evidence sufficient to warrant the trial of an accused person by the International Tribunal concerned.
(8) Where the Magistrate's Court makes an order under paragraph (1) in respect of a person -
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(a) who has been committed under section 9 of or paragraph 7 of Schedule 1 to the Extradition Act 1989, or
(b) who has been ordered to be delivered up under section 2(1) of the Backing of Warrants (Republic of Ireland) Act 1965, or
(c) in respect of whom an order, other than a sentence of imprisonment or detention, has been made in criminal proceedings which have been finally determined,
it may make such other order as is necessary to give effect to the endorsed warrant; and such other order may suspend or revoke a warrant, sentence (not being a sentence of imprisonment or detention) or other order made by that or any other court or any magistrate or other judicial officer in respect of the person.
Appeal to the Royal Court
7
.
- (1) If the Magistrate's Court refuses to make a delivery order in relation to a person under article 6, the Secretary of State may appeal against the decision to the Royal Court on the ground that it is wrong in law.
(2) Notice of appeal shall be given in writing by the Secretary of State to the Judicial Greffier and to the person to whom the warrant relates or his advocate within 21 days of the day on which the decision appealed against was given and state the general grounds of such appeal.
(3) On the termination of the hearing of an appeal under this article the Royal Court shall have power -
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(a) to reverse the decision of the Magistrate's Court and make the appropriate order under article 6(2) or (3), as the case may be, or
(b) to dismiss the application.
(4) If the Royal Court dismisses the application, the Secretary of State may, with the leave of the Court of Appeal, appeal to the Court of Appeal.
(5) For the purpose of disposing of an appeal under paragraph (4), the Court of Appeal may exercise any powers of the Royal Court or may remit the case to the Royal Court.
(6) An order for the remand of an arrested person which continues to have effect by virtue of article 6(6) shall cease to have effect if -
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(a) notice of appeal under paragraph (1) is not given within the period mentioned in paragraph (2);
(b) the Royal Court dismisses the application and the Secretary of State does not immediately apply for leave to appeal to the Court of Appeal, or
(c) the Court of Appeal refuses leave to appeal or dismisses the appeal.
Securing attendance of person as witness or to assist in investigations
8
.
- (1) This article applies where the Secretary of State receives from either of the International Tribunals an order for the attendance before that International Tribunal of a person in Jersey who -
-
(a) has been served with a summons or other process under article 17 requiring him to appear before that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes, and
(b) has failed to comply with the process,
and the order is accompanied by a request for assistance in enforcing it.
(2) The Secretary of State shall transmit the order to the Bailiff, who shall issue a warrant for the arrest of the person named or described in the order.
(3) A person arrested in pursuance of a warrant issued under paragraph (2) shall be brought before the Magistrate's Court as soon as practicable.
(4) If the Magistrate's Court is satisfied that -
-
(a) the person arrested is the person named or described in the warrant and in the order of the International Tribunal concerned, and
(b) he has been served with a summons or other process under article 17 requiring him to appear before that International Tribunal, and
(c) he has failed to comply with the process,
the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of that International Tribunal and shall remand him until the order has been executed.
(5) If the Magistrate's Court does not make an order under paragraph (4) and the person arrested is not remanded, the court shall order his discharge.
Transfer of prisoner to give evidence or to assist in investigations
9
.
- (1) This article applies where the Secretary of State receives a request from either of the International Tribunals for the transfer of a prisoner into the custody of that International Tribunal for the purpose of giving evidence or assisting an investigation or for both purposes.
(2) If the prisoner consents to the transfer, the Secretary of State shall issue a warrant ("a transfer warrant") requiring the prisoner to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal which made the request.
(3) The consent of a prisoner for the purposes of paragraph (2) may be given either -
-
(a) by the prisoner himself, or
(b) in circumstances in which it appears to the Secretary of State inappropriate, by reason of the prisoner's physical or mental condition or his youth, for him to act for himself, by a person appearing to the Secretary of State to be an appropriate person to act on his behalf,
but a consent once given shall not be capable of being withdrawn after the issue of the transfer warrant.
(4) If the prisoner, or the person acting on his behalf, refuses consent to the transfer, the prisoner shall, as soon as is practicable, be brought before the Magistrate's Court.
(5) If the Magistrate's Court is satisfied that the prisoner is the person named or described in the request referred to in paragraph (1), the court shall order him to be delivered up, in accordance with arrangements made by the Secretary of State with the Registrar, into the custody of the International Tribunal which made the request.
(6) If an order is made under paragraph (5) the prisoner shall be remanded until it has been executed; and if no such order is made the prisoner shall be transferred in custody to the place where he is liable to be detained under the sentence to which he is subject.
(7) This article applies to a person in custody awaiting trial or sentence and a person committed to prison for default in paying a fine as it applies to a prisoner and a reference in this article to a sentence shall be construed accordingly.
Review of orders of Magistrate's Court
10
.
- (1) Where a delivery order is made by the Magistrate's Court in respect of any person -
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(a) he shall not be delivered up under the order until the expiration of the period of 15 days beginning with the date on which the order is made, unless he gives notice in accordance with paragraph (3) that he consents to his earlier delivery up;
(b) if within that period an application for review is made by him under paragraph (2), he shall not be so delivered up while proceedings on the application are pending;
and the competent court shall inform him that he will not be delivered up under the order during the said period of 15 days unless he gives notice as aforesaid, and that he has the right to make an application for review under paragraph (2).
(2) A delivery order made by the Magistrate's Court may be reviewed by the Royal Court in the same manner as an appeal against conviction for an offence before the Magistrate's Court.
(3) Where notice is given by a person consenting to his earlier delivery up -
-
(a) the notice shall be signed in the presence of a Jurat;
(b) a notice given by a person in custody shall be delivered to the governor of the prison;
(c) a notice given by a person on bail shall be delivered to the Chief Officer of Police;
and the delivery of a notice given by a person on bail shall be effective if the notice is sent by post in a registered letter or by recorded delivery service addressed to the Chief Officer of Police.
(4) It shall be the duty of the person receiving any such notice to ensure that the notice is attached to the order for the delivery up of the person concerned.
Remand and bail
11
.
Where by virtue of this Order a court has power to remand a person, the court may order the person -
-
(a) to be detained in custody; or
(b) to be admitted to bail, that is to say, by taking from him a recognisance, with or without sureties, conditioned for his appearance; or
(c) to be released on oath for his appearance;
but nothing in this article shall be taken as authorising the admission to bail of a person who is serving a term of imprisonment or detention to which he has been sentenced by a national court.
Discharge of persons not delivered up
12
.
- (1) Where either of the International Tribunals informs the Secretary of State that a person arrested in pursuance of this Order is no longer required to be delivered up into its custody or, as the case may be, into the custody of a state for imprisonment there, the Secretary of State shall notify the Bailiff; and the Bailiff shall, on receipt of such notification, make an order for the discharge of the person arrested.
(2) If a person in respect of whom a delivery order has been made is not delivered up under the order within 40 days after it was made, the Royal Court, upon application by or on behalf of that person, may, unless reasonable cause is shown for the delay, order him to be discharged.
(3) The Secretary of State shall revoke a transfer warrant if he is informed, before it has been executed, that the International Tribunal concerned no longer requires the attendance of the prisoner to whom the warrant relates.
Notes:
[1] 1946 c.45. back
